New South Wales Consolidated Acts

LAW ENFORCEMENT (POWERS AND RESPONSIBILITIES) ACT 2002 - SECT 46B

46B Eligible Judges

(1) In this Part--

"eligible Judge" means a Judge in relation to whom a consent under subsection (2) and a declaration under subsection (3) are in force.

(2) A Judge of the Supreme Court may, by instrument in writing, consent to be nominated by the Attorney General under subsection (3).

(3) The Attorney General may, by instrument in writing, declare Judges in relation to whom consents are in force under subsection (2) to be eligible Judges for the purposes of this Part.

(4) An eligible Judge has, in relation to the exercise of a function conferred on the eligible Judge by this Part, the same protection and immunity as a Judge of the Supreme Court has in relation to proceedings in the Supreme Court.

(5) A Judge who has given consent under this section may, by instrument in writing, revoke the consent.

(6) A declaration of an eligible Judge under subsection (3) cannot be revoked by the Attorney General. However, the declaration of a Judge as an eligible Judge is revoked if--

(a) the eligible Judge revokes his or her consent in accordance with subsection (5) or ceases to be a Judge, or

(b) the Chief Justice notifies the Attorney General that the Judge should not continue to be an eligible Judge.

(7) To avoid doubt, the selection of the eligible Judge to exercise any particular function conferred on eligible Judges is not to be made by the Attorney General or other Minister of the Crown, and the exercise of that particular function is not subject to the control and direction of the Attorney General or other Minister of the Crown.